Tennessee Injury Lawyer Blog

Every year, approximately forty children die from heat exhaustion from being trapped or left in hot cars. The number so far this year is eighteen according to an article published on FindLaw.com, which is the highest number of hyperthermia-related deaths since 1990 according to one source. That is a staggering number considering how easy one would think it to be to remember to take a child out of a vehicle and to make sure the vehicle is locked when the child is not in it so the child cannot climb in the vehicle and become stuck. Unfortunately, however, even the best parents or guardians can have a bad or stressful day and make a mistake that proves fatal for a child. Such a mistake not only proves devastating for the child’s friends and family but can also be disastrous for the responsible party from a personal injury standpoint.

When such a mistake results in the death of a child, that child’s parents, if not the responsible party, will be able to sue the responsible party for the damages caused by the child’s death (most likely in a wrongful death suit), including damages for the loss of life of the child and also for the loss of love and companionship of the child, among other things. Such lawsuits can place a heavy burden on the shoulders of the responsible party, who often feels an enormous amount of guilt anyway and now has to deal with the stress of a contentious lawsuit and potential responsibility for a sizeable damages award. Such lawsuits can also take a tremendous toll on the plaintiffs, who are having to cope with the loss of a child on top of a stressful lawsuit, as lawsuits are often just as stressful for those bringing suit as those who are defending. Parties on either side should seek an experienced personal injury attorney who can assist them in handling their case and minimizing their stress during a troubling time.

Source: http://news.findlaw.com/ap/a/w/1155/06-25-2010/20100625005005_053.html

Around this time of year, roadside fireworks stands pop up all over East Tennessee in preparation for the upcoming July 4th holiday. Anyone who has ever lived in or traveled through East Tennessee around this holiday knows that you seemingly cannot drive half a mile without passing at least one fireworks tent. While there is absolutely nothing wrong, with buying, selling, or enjoying fireworks, drivers in Tennessee do need to realize the risks that the fireworks-selling season brings with it.

The predominant risk that this time of year poses for drivers is caused by the fact that these fireworks stands are literally set up right on the side of the road in some places or in small parking lots just off the highway. Such positioning increase the likelihood that cars will be exiting and entering the roadway with a much higher frequency than normal in these locations, meaning drivers will need to keep a proper lookout to avoid hitting others who may make sudden maneuvers in order to stop at a fireworks stand or who reenter the roadway unsafely. This is especially likely at very busy fireworks stands where lots of cars may be entering or exiting the roadway at a given time. In Tennessee, failure to keep a proper lookout in these situations may result in a driver being apportioned some responsibility for the resulting accident even though he or she was not primarily at fault for the wreck.

Defensive driving probably is not the first thing that comes to mind for most Tennesseans when they think about the July 4th holiday. However, it is a behavior that must be adhered to in order to minimize roadway danger and liability for accidents. Tennesseans who find themselves injured because of negligent driving in situations such as the one described above should contact an experienced personal injury attorney who can assist them in recovering for their losses.

Toxicology reports show that a twenty-nine year-old driver had a BAC of nearly three times the legal limit at the time he started traveling the wrong direction on the highway, leading to a fatal accident. The intoxicated driver was actually spotted driving erratically earlier in the evening by a law enforcement officer, but when the officer turned his blue lights on, the driver reportedly began to drive in an extremely reckless manner in an effort to evade the authorities. This led the officer to turn off his blue lights, fearing that continuing the chase would endanger the lives of other drivers. Unfortunately, this action did not eliminate the danger the intoxicated driver posed to others, as he then began traveling in the wrong direction down Highway 52, eventually hitting another motorist head-on. The intoxicated driver was found dead at the scene, and the victim later died at the hospital.

Situations like this serve to underscore the danger that drivers pose to themselves and others when they drive under the influence. Operating a motor vehicle while intoxicated, or otherwise unfit to drive, is negligent conduct that can give rise to liability in a personal injury lawsuit in Tennessee. In this situation, the driver, had he lived through the accident, would have been liable for much more than just the medical expenses of the victim, although they can be substantial. He likely would also have been liable for the wrongful death of the victim, which can lead to a large amount of liability if the victim has dependents, such as a spouse or children.

Tennesseans who find themselves or their families being the victims in alcohol-related accidents deserve to recover for all of the injuries they suffer as a result of the collision. Such recovery includes the types listed above as well as a possible punitive damages award if the conduct of the offending driver is found to have been sufficiently reckless or malicious by a jury. A skilled personal injury attorney can help victims recover for what they have lost as a result of such accidents.

Source: http://www.digtriad.com/news/local/article.aspx?storyid=144129&catid=57